Video instructions and help with filling out and completing Who Form 843 Overpayment

Instructions and Help about Who Form 843 Overpayment

Music Heather this is Jonathan Ginsberg I'm a social security disability attorney and today I'd like to talk to you about what you need to do to request a waiver of overpayment of benefits and this happens sometimes where Social Security will send you a letter saying we've determined that you've been overpaid a lot of times involved with SSI where you're getting SSI benefits and for whatever reason you have earnings or you have resources that make you ineligible for SSI and SSDI case it could be a situation where you go back to work and you use up your trial work period months and they don't catch it in time and so you're working on off and on but you're still collecting your disability benefits and it goes on for two or three years and then you get a nice letter saying hey you owe is $30,000 there's an envelope please send it in and if you don't do it we're going to prosecute you and by the way so screw these letters on overpayments I think somebody needs to revise them because they're very very cut and dry they don't suggest that you have any options and it's really a it could be very you can really be very frightening experience for someone to get one of these letters I also tie don't deal with overpayment issues that much people do call me about them and I've done a few overpayment requests the form that I fill out to request a waiver of overpayment but it's not something I see all that often I've done a little research into this basically what I can tell you is that the factors that seem to be most relevant are as follows first and foremost they're going to look at and by the one I'm talking about an overpayment what you're doing is you're saying the Social Security yes I acknowledge I was overpaid but waived that overpayment because of one of the following reasons and some of the reasons are basically going to be that I was without fault it's not my fault I didn't understand that was being overpaid so the fact is that they look at and the first and foremost your mental competence if you have a mental health issue for example you have a very low IQ or the person involved has a very low IQ that is a factor if you've got a severe mental health condition that makes it difficult for you to maintain attention and concentration or even severe pain makes it difficult to maintain attention and concentration that seems to be a big factor that Associa judicata or a judge would consider when deciding in a way we were of overpayment do you have some sort of mental health issue concentration problem capacity problem that could make would make it difficult for you to understand what was going on or to make the right decision the second thing I see is they look at did you make some effort to find out what you needed to do for example did you contact social Scrooge's you write them a letter did you call them to saying if something doesn't seem right what should I do because a lot of times people will call Social Security and say you know I'm getting this check I'm not sure that's right can you help me and then you're here and never hear from them again if you can show you made an effort you've reached out to Social Security that goes a long way I think that makes the judge's job a little bit easier and saying yes you deserve a waiver overpayment you were more blameless in serenity didn't make such an effort third thing that I think is relevant is the complexity of the problem for example one of the issues of sometimes leads to overpayment is the workers compensation offset or a calculation of assets or calculation of the value of room and board and so if you get some of these complicated calculations and I'll tell you after looking at some of these deeming rules is what they call them for SSI now these calculations they're pretty much impossible to figure out by anybody that an attorney much less someone who doesn't deal with this stuff on a day-to-day basis so it's a very complex problem that led to overpayment I think we'll make the judge more sympathetic to your cause so that's something to look at as well and I think there another big factor is your credibility you come across as someone who you really didn't understand what was going on and was wants to do the right thing but simply cannot also I think a factor comes into play is would this put you in a terrible hardship if they don't grant the overpayment waiver would you be out on the street that's something a judge would consider and realize a judge if it gets to a judge and these cases can go to a hearing judge has the option of saying I'm going to waive part of it I'm going to leave 2/3 of it half of it maybe not all of it also you can bankrupt on these overpayments so unless there's some sort of a criminal fraud going on you can bankrupt on them so it is a big problem if you get overpayment letter and you don't want them to start reducing your ongoing benefit but there are some solutions to it the step one the administrative step one is to file a request for waiver of overpayment if that doesn't work you do not you can't question here and go in front of the judge if that doesn't work you could theoretically bankrupt on it so it's a what it's going to take two or three years to work through the system before you have to worry about them taking your benefit